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CERTIFICATION OF COSMETIC ADVERTISING CONTENT IN VIETNAM

Currently, cosmetics are products that are no longer strange to human life. Because the demand for beauty is increasing day by day. Therefore, many businesses have chosen to trade this product. For the product to be widely known, advertising is an indispensable activity. So, what does the law say about this activity? In this article, Doanh Tri will shed more light on this issue.

I. Legal basis

- Law on advertising 2012;

- Law on Pharmacy 2016;

- Decree 181/2013/nd-cp on the elaboration of some articles of the law on advertising;

- Circular 09/2015/tt-byt on stipulating the approval for contents of advertisements for special products, commodities, and services under the authority of the ministry of health.

II. General provisions

Advertising is a very popular trade promotion activity and especially attracts consumers. Through advertising, consumers can capture information about products to choose and buy; Through advertising, suppliers can bring products closer to consumers, contributing to increased consumption. Advertising brings many economic benefits, but when conducting advertising, especially for products under special management, businesses must meet many different legal conditions, including advertising.

For cosmetic advertising, the legal condition that businesses need to fulfill before doing advertising is to obtain a cosmetic advertising license, also known as a cosmetic advertisement content certification.

General conditions for advertising content

Pursuant to Article 4 Circular 09/2015/TT-BYT, the following conditions must be met to confirm the advertising content:

- Advertising content must ensure compliance with the provisions of the law on advertising, and must not engage in prohibited acts specified in Article 8 of the Law on Advertising.

- The voice, writing, and images in the advertisement must be concise, common, and in accordance with the provisions of Article 18 of the Law on Advertising. The smallest font size in advertising content must be large enough to be readable under normal conditions and must not be smaller than the ratio equivalent to the font size of Vntime or Times New Roman 12 on A4 paper.

Conditions for cosmetic advertising content

- Advertised cosmetic products must be issued with a cosmetic proclamation receipt number according to regulations

- Advertising content must ensure the prescribed content, including:

+ Information about the name, features, and uses of cosmetic products

Information on the name and address of the organization or individual responsible for bringing the product to market

+ Information about warnings under international agreements

+ Do not use images, costumes, names, letters, articles of medical units, medical facilities, doctors, pharmacists, other medical staff.

+ Features and uses of products must be consistent with the nature of products, product classification, and announced features and use according to the provisions of law.

+ Cosmetic advertising information must not confuse the product as a drug

– Have enough documents to confirm cosmetic advertising content

III. Procedures for granting a certificate of advertisement content

Dossier to confirm cosmetic advertising content

– An application form for certification of advertising content (according to the form); Content to be advertised (market or TVC); Business registration of the enterprise; cosmetic announcement slip; Other relevant documents (if any)…

– Specific details about ingredients, content, and form of application for confirmation of advertising content can be found in the article Cosmetic advertising registration documents.

– The unit requesting certification of advertising content in the unit named on the product announcement sheet or the representative office in Vietnam of the unit named on the product announcement sheet or the unit with legal status approved by the Ministry of Industry and Trade. The unit named on the product announcement sheet authorizes in writing.

Procedures for applying for cosmetic advertisement content certification can be carried out according to the following steps:

Step 1: Build advertising content

This is a very important step because after all, applying for an advertising license is applying for a license for the advertising content (scenario) that the business has built.

- For advertising in audio and video newspapers, businesses need to record advertising videos or audio recordings, and at the same time rewrite the content on 01 script file. The script and video/audio must agree on the content to submit to the state agency

- For the form of advertising that is not on audio and video newspapers, businesses need to design advertising markets in the form of images and words, which fully display the necessary information when advertising.

Step 2: Prepare advertising dossiers

Step 3: Submit your application

The enterprise submits a complete set of documents to the Department of Health's Department of Health to receive and return results. If the application is complete, the enterprise will be issued with a Receipt for submission of the application and a date to return the results. Applications can be submitted in person or online on the public service system of the Department of Health.

Step 4: Return the result

If the dossier is complete and valid, after about 15-20 days, the Department of Health will issue a Certificate of cosmetic advertising content to the business.

The above information is about the "Certificate of cosmetic advertising content in Vietnam". For more information and advice on this issue, please contact Doanh Tri Law Firm directly via:

Hotline: (+84) 911.233.955 - (024) 6293 8326

Email: contact@luatdoanhtri.vn

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